IT ALL STARTED AT EYEONSPAIN! CostaLuz-Decastro VICTORY AT THE SUPREME COURT FOR OFF PLAN BUYERS

I'm grateful for your input again Maria.  

I havnt seen a case yet from the Albatera, San Jose complex we put our deposit on, but I believe it was just the BBVA we are taking action against.  

I hope it's straightforward in our case.   Any experience of that site from anyone?

Ads: I would say that in that scenario, according to situation you are describing, interests will have to be awarded from date of payment and costs to be imposed to  the Bank.

Briando: I am reviewing on that. Will let you know

Thank you Maria.

If a Bank chose not to appeal following a fully upheld ruling in favour of the client where the judge awarded costs but only recognised interest from the point of lawsuit submission, how could the client ensure that the latest SC ruling according to law to effect interest from date of deposit be enforced? Would the client lose costs in this scenario?

Client can appeal on interests

Thanks Maria, but would costs be compromised in this scenario?

Costs: More arguable as you know that judicial costs are regulated by  the principle of defeating: Costs will be imposed on the party which has been rejected all claims, UNLESS the Court appreciates, with enough legal foundation, that the alleged claim is doubtful in either  fact or law basis. Case Law needs to be included necessarily as part of the fundaments. 

Case law has been established by the Supreme Court very recently ( along 2015 and 2016) so, till then, Courts can establish that there were doubts regarding how to interpret Law 57/68

Hi Maria.

You have my case in the first instance preliminary tomorrow, will my case include the 2015 and 2016 supreme court updates concerning the case laws please?

In my opinion, if Bank fights now and lose, legal costs should have to be imposed on them

Excellent news re costs Maria.

But don't the assessment of legal interests apply according to the date that the case was first submitted into the court system, in which case if this was prior to the recent SC doctrine and they subsequently had their claim fully upheld by the judge, then clients would have to appeal if they wanted to get the most recent clarification of law applied to gain interest backdated to date monies were deposited as opposed to the date that the lawsuit was submitted?

Perhaps I have misunderstood?

Could you please reformulate the question?. I do not understand

OK sorry Maria.

If a lawsuit was submitted prior to the recent SC rulings/doctrine clarifying that interest should be backdated to the date monies were deposited, then is the only way to gain backdated interest to the date monies were deposited (as opposed to interest from lawsuit submission) , is via a further client appeal which post dates the SC ruling/doctrine?

Hi Maria was just wondering in the cases you have won have the banks actually paid back any money yet

or do they actually pay up thanks Gary 

All Banks are of course paying back after a Court decision won against them!

Cheers

María